Human Rights in India Law Policy Society and Enforcement Mechanism

7/31/2019 Human Rights in India Law Policy Society and Enforcement Mechanism

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HUMAN RIGHTS IN INDIA, LAW,POLICY, SOCIETY AND

ENFORCEMENT MECHANISM

PUMBA, MBA II

Gp Capt MS Deshpande (Retd)

LECTURE I


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What are human rights?

Human rights are rights inherent to all human beings,whatever our nationality, place of residence, sex,

national or ethnic origin, colour, religion, language, orany other status.

We are all equally entitled to our human rights withoutdiscrimination. These rights are all interrelated,interdependent and indivisible.

Universal human rights are often expressed andguaranteed by law, in the forms of treaties, customaryinternational law , general principles and other sourcesof international law.

International human rights law lays down obligations ofGovernments to act in certain ways or to refrain fromcertain acts, in order to promote and protect humanrights and fundamental freedoms of individuals orgroups.


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Human Rights Campaigns Corporate Equality Index

Accenture Ltd.

Jorge Benitez, Chief Executive, North America

"At Accenture, we take the broadest possible view of inclusion anddiversity and know everyone brings distinct experiences, talentsand perspectives to their work.

Accenture is proud of achieving a score of 100% on the HumanRights Campaigns Corporate Equality Index for the fifth consecutive

year. And we are proud to join the many other companies aroundthe world working to cultivate a diverse workforce.

Ameriprise Financial Inc. Rafael Gutierrez, Vice President of Diversity

Providing an inclusive environment isnt just the right thing to do,

it also makes business sense. Our business is built on relationshipsand on meeting the unique needs of our clients.

Diversity enriches our corporate culture and helps us deliver theinnovative ideas and financial solutions that make a difference inpeoples lives.


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World Conference on Human Rights

In order to restore the confidence of people acrossvarious communities, and to reassure the concepts oflife, liberty, equality, peace and security,

the international community in 1993 at the World

Conference on Human Rights at Vienna laid emphasison imparting the noble principles of human rightsthrough education.

Accordingly, in1995, the General Assembly adopted aresolution, and declared the period 1995-2004 as theDecade of Human Rights Education followed by thepresent decade 2005-2014 as the Decade of Education

for Sustainable Development.


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PREAMBLE

WE THE PEOPLES OF THE UNITED NATIONS DETERMINED: to save succeeding generations from the scourge of war,

which twice in our lifetime has brought untold sorrow tomankind, and

to reaffirm faith in fundamental human rights, in the dignity

and worth of the human person, in the equal rights of menand women and of nations large and small, and

to establish conditions under which justice and respect forthe obligations arising from treaties and other sources of

international law can be maintained, and to promote social progress and better standards of life in

larger freedom,


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AND FOR THESE ENDS

to practice tolerance and live together in peace with

one another as good neighbours, and to unite our strength to maintain international peace

and security, and

To ensure that armed force shall not be used, save inthe common interest (UN Peeace Keeping Force),

and

to employ international machinery(UNESCO, ILO, ICJ)

for the promotion of the economic and socialadvancement of all peoples,


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Significance of Value: BASIC CONCEPTS

Value in general is a part of philosophy. Philosophy

deals with the basic problems of mankind. it deals with issues such as life, existence,

knowledge, values, reasons, mind, and language.

Basing on the parameters of value other aspects

developed to regulate the behavioral patterns ofman.

values such as dignity, liberty, equality, justice,ethics, and morals et.al., have had theirsignificant impact to shape the human relations in asociety. (as against materialism, consumerism,capitalism, communism, monarchy, autocracy,democracy, secularism etc)

These philosophical concepts have a profound

impact on law.


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develop a rational human mind

The main aim and function of Law in any society isto regulate the relations between men and toalleviate the intensity of conflicts ; (Fortune at theBottom of Pyramid by CK Prahlad)

to promote peace, security, good and orderlybehaviour of mankind to establish a conflict freesociety. (what about corporate wars?)

This in turn will help to analyze each issue and laynorms to develop a rational human mind to achievemaximum results in their inter-relationships witheach other.

Di i


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Dignity Dignity is a relative term with regulatory nature. It

prescribes the norms and ethical standards needs to be

followed and adopted. Ex: Marathi speaking In the day to day inter-relationships, individuals are

expected to behave with one another in a dignified and

honest manner.

This concept dictates that every one of us has toexercise due caution and care in our relations without

undermining the capacities of other persons.

it teaches us not to create a situation wherein others

are made to undergo either emotional, psychological,

physical, tense situations, or to harm their personality.


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Liberty This concept has its roots in the political

philosophy. A number of philosophers like,Hobbes, Locke, Rousseau, and many more havearticulated Liberty in a different contexts.

In simple terms, liberty means, human beings are

free to regulate their relations, and are able togovern their relations, behave at their own will,and be responsible for their acts.

Ex: Land acquisitionliberty by rulers and theirDuty

The concept of liberty is centred roundresponsibility or duty.


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Equality Equality is another important component of human

rights. In general, equality proposes to bring in all the people

to one category(?), and apply the principles of law, andjustice without any distinction, whatsoever it may beamong the individuals.

The aim of the Universal Declaration of Human Rightsand the Constitutions of the various countries are totreat all the people on an equal footing without anykind of discrimination.

Equality through concessions: In order to uplift thepeople who are not equal, they need to be givencertain concessions and facilities to improve theirstatus and to reach the equal status with that of other

who are on a high pedestal


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Justice

Justice in simple terms may be defined as

righteousness, fairness and to be treated on justand equitable grounds.

To achieve perfect justice, it lays its emphasis onother concepts of equality, morality and ethics

hi d l h l i h


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Ethics and Morals to help Human rights However, there exists a subtle difference between

these two.

Morals deal with the personal character of anindividual. (Charitra)

Ethics lays its importance on a social system, whichregulates the code of conduct of a group ofindividuals. (Naitikta)

Morals need to be applied in each society dependingon the values that are acceptable by a society.

From the perspective of human rights, the concept offreedom and liberty being basic principles forms part

ofmoral principles. The concept of Justice, Equalityand the participation of individuals in the socio-cultural aspects of the community are ethical aspects.

Accordingly, every human being in a society isresponsible at all times to strive to achieve humanrights as a moral or ethical subject of society.


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Goodness is the highest of value: Corporate

Leadership

The standard, which makes one to differentiategood from bad or right from wrong, is a value.

Ethics with reference to human rights presupposes

freedom as a necessary pre-condition.

A free man can take his decision of action and such

a decision can be evaluated as good or bad, right or

wrong, proper or improper.

Goodness is of highest value. Goodness is

objective, universal and rational. Some basic values

are: courage, tolerance, benevolence, kindness,

friendship.


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Unity in Diversity

Unity in diversity in general means, people of

different backgrounds basing on their socio-economical, politico-cultural perspectives haveto live like a single family. Ex: Break up ofYugoslavia

This means, the different faiths and charactersthat people posses have to live in a compatiblemanner under a single legal roof governed by aState.

The same is applicable to people around theworld, and the nation-states learn to live as onecommunity.

This being the main aim of international law toestablish a one world concept, it had given birth

to human rights.


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The United Nations Commission on

Human Rights (UNCHR) The United Nations Commission on Human Rights

(UNCHR) was a functional commission within the overallframework of the United Nations from 1946 until it wasreplaced by the United Nations Human Rights Council in2006. It was a subsidiary body of the UN Economic and

Social Council (ECOSOC), and was also assisted in its workby the Office of the United Nations High Commissioner forHuman Rights (UNHCHR).

It was the UN's principal mechanism and internationalforum concerned with the promotion and protection of

human rights. On 15 March 2006, the UN General Assembly voted

overwhelmingly to replace UNCHR with the UN HumanRights Council.
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The body went through two distinct phases

From 1947 to 1967 & post 1967

Phase I: From 1947 to 1967, it followed the policy ofabsenteeism, which meant that the Commission wouldconcentrate on promoting human rights and helpingstates elaborate treaties, but not on investigating or

condemning violators. It was a period of strictobservance of the sovereignty principle.

Phase II: In 1967, the Commission adoptedinterventionism as its policy. The context of the decadewas ofdecolonization of Africa and Asia, and many

countries of the continent pressed for a more activeUN policy on human rights issues, especially in light ofmassive violations in apartheidSouth Africa. The newpolicy meant that the Commission would alsoinvestigate and produce reports on violations.
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Travesty of UNCHR

To allow better fulfillment of this new policy, other changestook place.

In the 1970s, the possibility of geographically-orientedworkgroups was created. These groups would specializetheir activities on the investigation of violations on a given

region or even a single country, as was the case with Chile. With the 1980s came the creation of theme-oriented

workgroups, which would specialize in specific types ofabuses.

None of these measures, however, were able to make the

Commission as effective as desired, mainly because of thepresence ofhuman rights violators and the politicizationof the body.

During the following years until its extinction, the UNCHRbecame increasingly discredited among activists and

governments alike.
http://en.wikipedia.org/wiki/Chilehttp://en.wikipedia.org/wiki/Chile


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Objectives of Human Rights Education Human Rights Education promotes respect for human

rights of all individuals. It develops the knowledge, skills, and values of human

rights.

It develops the socio-psychological, human personality.

It helps people and policy makers to evolve the waysand means to overcome the problems of each nationand that of the International Community.

It helps to foster understanding, tolerance, gender

equality and

Develops friendship among all nations and eliminatesracial, ethnic, religious,and linguistic differences.


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odels developed to impart values of human rights education

A number of models are developed to impart the above values of humanrights education. Among the various models, the following threeconsidered as the vital ones, to achieve the aims and objectives of humanrights.

1. Values and Awareness Model:

This model focuses on transmitting basic knowledge of human rights andto foster the integration into public values through a curriculum ofeducational institutions.

2. Accountability Model:

This model focuses on the ways in which professional responsibilities toinculcate directly monitoring human rights violations and advocating theauthorities to protect the rights of the people.

3. Transformational Model:

This model aims to empower the individuals in order to recognize theabuses of human rights and their prevention.


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Rights and protections accorded to

human rights defenders

The Declaration provides specific protectionsto human rights defenders,

including the rights:

To seek the protection and realization of humanrights at the national and international levels;

To conduct human rights work individually and inassociation with others;

To form associations and non-governmentalorganizations;

To meet or assemble peacefully;

Th D ti f St t


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The Duties of States

Each State has a responsibility and duty:

To protect, promote and implement all human rights; To ensure that all persons under its jurisdiction are able to enjoy all social,

economic, political and other rights and freedoms in practice;

To adopt such legislative, administrative and other steps as may be

necessary to ensure effective implementation of rights and

freedoms;

To provide an effective remedy for persons who claim to have been victims

of a human rights violation;

To conduct prompt and impartial investigations of alleged violations of

human rights; To take all necessary measures to ensure the protection of everyone against

any violence, threats, retaliation, adverse discrimination, pressure or any

other arbitrary action as a consequence of his or her legitimate exercise of

the rights referred to, in the Declaration;


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The Duties of States

To promote public understanding of civil, political,

economic, social and cultural rights;

To ensure and support the creation and development

of independent national institutions for thepromotion and protection of human rights, such as:

Ombudsmen or Human Rights Commissions;

To promote and facilitate the teaching of human rights atall levels of formal education and professional training.


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Impact of Duty on thestate

Every individual has duties towards the society or state.

According to the Universal Declaration of HumanRights, the duties of each person towards the State are:

To obey the law and other legal commands of the stateand its agencies in a country.

To render the services in civil and military affairs wheneverrequired by the state for its defense.

To cooperate with the state and the community withrespect to social security and welfare to the extentpossible.

To pay the taxes established by law for public purposes. To Protect the property and culture of the state.

Not to discriminate or advocate anything on communal,linguistic and religious

or any other ground that affect the liberty of other

individuals.


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Structure The members of the General Assembly elect the members

who occupy the UNHRC's forty-seven seats. The termof each seat is three years, and no member may occupy aseat for more than two consecutive terms. The seats aredistributed among the UN's regional groups as follows:

The previous CHR had a membership of 53 elected by theEconomic and Social Council (ECOSOC) through a majorityof those present and voting.

Members of the Council undergo a new universal reviewmechanism during their term of membership.

The General Assembly can suspend the rights and privilegesof any Council member that it decides has persistentlycommitted gross and systematic violations of human rightsduring its term of membership.

The suspension process requires a two-thirds majority vote

by the General Assembly.
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Regional Distribution of members of the United Nations

Human Rights Council

Members of the UNHRC are elected tostaggered three-year terms. The first election

of members was held on 9 May 2006.[8] The

current members are the following:

African States (13)Asian States (13)Eastern

European States (6)Latin American &Caribbean States (8)Western European &

Other States
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Universal Periodic Review,Advisory Committee,

special procedures

The Universal Periodic Review will assess the humanrights situations in all 192 UN Member States.

Another element is anAdvisory Committee, whichserves as the UNHRCs think tank, and provides it withexpertise and advice on thematic human rights issues,that is, issues which pertain to all parts of the world.

The Commission on Human Rights established 30special procedures, or mechanisms, to address specificcountry situations or thematic issues such as freedomof expression and opinion, torture, the right to food,

and the right to education
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Universal Declaration of Human

Rights:Preamble

Whereas recognition of the inherent dignity and of theequal and inalienable rights of all members of thehuman family is the foundation of freedom, justice andpeace in the world,

Whereas disregard and contempt for human rightshave resulted in barbarous acts which have outragedthe conscience of mankind, and the advent of a world

in which human beings shall enjoy freedom of speech

and belief and freedom from fear and want, has beenproclaimed as the highest aspiration of the commonpeople,


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United Nations and the Charter

Whereas the peoples of the United Nations

have in the Charter reaffirmed their faith in

fundamental human rights, in the dignity and

worth of the human person

Keeping this Declaration constantly in mind,

shall strive by teaching and education to

promote respect for these rights


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Millennium Goals adopted by UN at

the end of the Millennium in 2000

Goal: 1 Eradicate Extreme Hunger and Poverty

Goal: 2 Achieve Universal Primary Education

Goal: 3 Promote Gender Equality and Women

Empowerment

Goal: 4 Reduce Child Mortality


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Goal: 6 Combat HIV/AIDS, Malaria and other

diseases

Goal: 5 Improve Maternal Health

Goal: 7 Ensure Environmental Sustainability

Goal: 8 Develop Global partnerships for

Development

Millennium Goals adopted at the end

of the Millennium in 2000

UDHR: UN ARTICLES


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UDHR: UN ARTICLES

Article I

All human beings are born free and equal in dignity and

rights. They are endowed with reason and conscience andshould act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forthin this Declaration, without distinction of any kind, such asrace, colour, sex, language, religion, political or otheropinion, national or social origin, property, birth or otherstatus.

Furthermore, no distinction shall be made on the basis ofthe political, jurisdictional or international status of thecountry or territory to which a person belongs, whether itbe independent, trust, non-self-governing or under anyother limitation of sovereignty.


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Article 3

Everyone has the right to life, liberty and securityof person.

Article 4

No one shall be held in slavery or servitude;slavery and the slave trade shall be prohibited inall their forms.

Article 5 No one shall be subjected to torture or to cruel,

inhuman or degrading treatment or punishment.

UDHR: UN ARTICLES


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Article 6

Everyone has the right to recognition everywhere as aperson before the law.

Article 7

All are equal before the law and are entitled without anydiscrimination to equal protection of the law. All are

entitled to equal protection against any discrimination inviolation of this Declaration and against any incitement tosuch discrimination.

Article 8

Everyone has the right to an effective remedy by the

competent national tribunals for acts violating thefundamental rights granted him

Article 9

No one shall be subjected to arbitrary arrest, detention orexile by the constitution or by law.

UDHR: UN ARTICLES

UDHR: UN ARTICLES


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Article 10

Everyone is entitled in full equality to a fair and public

hearing by an independent and impartial tribunal, in thedetermination of his rights and obligations and of any criminal

charge against him.

Article 11

1. Everyone charged with a penal offence has the right to bepresumed innocent until proved guilty according to law in a

public trial at which he has had all the guarantees necessary

for his defence.

2. No one shall be held guilty ofany penal offence on account

of any act or omission which did not constitute a penal

offence, under national or international law, at the time when

it was committed. Nor shall a heavier penalty be imposed

than the one that was applicable at the time the penal

offence was committed.

UDHR: UN ARTICLES

UDHR: UN ARTICLES


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Article 12

No one shall be subjected to arbitrary interference with hisprivacy, family, home or correspondence, nor to attacks

upon his honour and reputation. Everyone has the right tothe protection of the law against such interference orattacks.

Article 13

1. Everyone has the right to freedom of movement andresidence within the borders of each State.

2. Everyone has the right to leave any country, including hisown, and to return to his country.

Article 14

1. Everyone has the right to seek and to enjoy in othercountries asylum from persecution.

2. This right may not be invoked in the case of prosecutionsgenuinely arising from non-political crimes or from actscontrary to the purposes and principles of the United

Nations.

UDHR: UN ARTICLES

UDHR UN ARTICLES


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Article 15

1. Everyone has the right to a nationality.

2. No one shall be arbitrarily deprived of his nationality nor denied theright to change his nationality.

Article 16

1. Men and women of full age, without any limitation due to race,nationality or religion, have the right to marry and to found a family. Theyare entitled to equal rights as to marriage, during marriage and at its

dissolution. 2. Marriage shall be entered into only with the free and full consent of the

intending spouses.

3. The family is the natural and fundamental group unit of society and isentitled to protection by society and the State.

Article 17

1. Everyone has the right to own property alone as well as in associationwith others.

2. No one shall be arbitrarily deprived of his property.

UDHR: UN ARTICLES


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Article 18

Everyone has the right to freedom of thought, conscience and

religion; this right includes freedom to change his religion orbelief, and freedom, either alone or in community with others

and in public or private, to manifest his religion or belief in

teaching, practice, worship and observance.

Article 19Everyone has the right to freedom of opinion and expression;

this right includes freedom to hold opinions without

interference and to seek, receive and impart information and

ideas through any media and regardless of frontiers. Article 20

1. Everyone has the right to freedom of peaceful assembly

and association.

2. No one may be compelled to belong to an association.

UDHR: UN ARTICLES

A ti l 21


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Article 21

1. Everyone has the right to take part in the government of hiscountry, directly or through freely chosen representatives.

2. Everyone has the right to equal access to public service in his

country.3. The will of the people shall be the basis of the authority of

government;

this will shall be expressed in periodic and genuine elections whichshall be by universal and equal suffrage and shall be held by secretvote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social securityand is entitled to realization, through national effort andinternational co-operation and in accordance with the

organization and resources of each State, of the economic, social and cultural rights indispensable for his

dignity and the free development of his personality.

Article 23


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Article 23

1. Everyone has the right to work, to free choice ofemployment, to just and favourable conditions of workand to protection against unemployment.

2. Everyone, without any discrimination, has the rightto equal pay for equal work.

3. Everyone who works has the right to just andfavourable remuneration ensuring for himself and his

family an existence worthy of human dignity, andsupplemented, if necessary, by other means of socialprotection.

4. Everyone has the right to form and to join tradeunions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, includingreasonable limitation of working hours and periodicholidays with pay.

Article 25


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Article 25 1. Everyone has the right to a standard of living adequate

for the health and well-being of himself and of his family,including food, clothing, housing and medical care andnecessary social services, and the right to security in theevent of unemployment, sickness, disability, widowhood,old age or other lack of livelihood in circumstances beyondhis control.

2. Motherhood and childhood are entitled to special careand assistance. All children, whether born in or out ofwedlock, shall enjoy the same social protection.

Article 26 1. Everyone has the right to education. Education shall be

free, at least in the elementary and fundamental stages.

Elementary education shall be compulsory. Technical andprofessional education shall be made generally availableand higher education shall be equally accessible to all onthe basis of merit.


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Article 27

1. Everyone has the right freely to participate in

the cultural life of the community, to enjoy thearts and to share in scientific advancement and

its benefits.

2. Everyone has the right to the protection of the

moral and material interests resulting from any

scientific, literary or artistic production of which

he is the author.

Article 28

Everyone is entitled to a social and international

order in which the rights and freedoms set forth

in this Declaration can be fully realized.

Article 29


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Article 29 1. Everyone has duties to the community in which alone

the free and full development of his personality is possible.

2. In the exercise of his rights and freedoms, everyone shall

be subject only to such limitations as are determined bylaw solely for the purpose of securing due recognition andrespect for the rights and freedoms of others and ofmeeting the just requirements of morality, public order andthe general welfare in a democratic society.

3. These rights and freedoms may in no case be exercisedcontrary to the purposes and principles of the UnitedNations.

Article 30

Nothing in this Declaration may be interpreted as implyingfor any State, group or person any right to engage in anyactivity or to perform any act aimed at the destruction ofany of the rights and freedoms set forth herein.


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Defamation of religion and the United Nations

Defamation of religion is an issue that has been repeatedlyaddressed by some member states of the United Nations(UN) since 1999.

Several non-binding resolutions have been voted on andaccepted by the UN condemning "defamation of religion.

The motions, sponsored on behalf of the Organization ofthe Islamic Conference[1], aim to prohibit expression thatwould "fuel discrimination, extremism and misperceptionleading to polarization and fragmentation with dangerousunintended and unforeseen consequences

" Islamic states have expressed concerns that Islam issometimes associated with terrorism and human rightsviolations, especially after the attack on the twin towers,and argue that the resolutions are necessary to combatIslamophobia.

E i l i d H Ri h
http://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/United_Nationshttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Islamic_statehttp://en.wikipedia.org/wiki/Islamic_terrorismhttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Islamic_terrorismhttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/Islamophobiahttp://en.wikipedia.org/wiki/Islamophobiahttp://en.wikipedia.org/wiki/Islamophobiahttp://en.wikipedia.org/wiki/September_11th_attackshttp://en.wikipedia.org/wiki/Human_rights_in_Islamhttp://en.wikipedia.org/wiki/Islamic_terrorismhttp://en.wikipedia.org/wiki/Islamhttp://en.wikipedia.org/wiki/Islamic_statehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/Organization_of_the_Islamic_Conferencehttp://en.wikipedia.org/wiki/United_Nations


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Environmental protection and Human Rights

Environmental protection is a practice of

protecting the environment, on individual,organizational or governmental levels, for thebenefit of the natural environment and (or)humans.

Due to the pressures of population andtechnology, the biophysical environment is beingdegraded, sometimes permanently.

This has been recognized, and governments have

begun placing restraints on activities that causedenvironmental degradation.

Since the 1960s, activism by the environmentalmovement has created awareness of the various

environmental issues.
http://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Natural_environmenthttp://en.wikipedia.org/wiki/Environment_(biophysical)http://en.wikipedia.org/wiki/Environment_(biophysical)http://en.wikipedia.org/wiki/Environmental_degradationhttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Activismhttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_issuehttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Environmental_movementhttp://en.wikipedia.org/wiki/Activismhttp://en.wikipedia.org/wiki/Environmental_degradationhttp://en.wikipedia.org/wiki/Environment_(biophysical)http://en.wikipedia.org/wiki/Natural_environment


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Evolving approaches to environmental protection

Kyoto Protocol : The Kyoto Protocol is the current international

legal regime for cutting greenhouse gas emissions. It wasnegotiated in 1997 and eventually ratified in February 2005.

Waste, pollution, loss ofbiodiversity and the introduction ofinvasive species are some of the issues relating to environmentalprotection

Discussion concerning environmental protection often focuses onthe role of government, legislation and enforcement.

However, in its broadest sense, environmental protection may beseen to be the responsibility of all people and not simply that ofgovernment.

Decisions that impact the environment will ideally involve a broadrange of stakeholders, including industry, indigenous groups,environmental group and community representatives.
http://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Biodiversityhttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Invasive_specieshttp://en.wikipedia.org/wiki/Biodiversityhttp://en.wikipedia.org/wiki/Pollutionhttp://en.wikipedia.org/wiki/Waste


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dynamics of climate change: International Court of Justice

Such endeavours are most keenly pursued by the threatened islandstates. The president of Palau has made a submission to theInternational Court of Justice. This seeks an opinion on whether thedynamics of climate change can be interpreted as contravening theestablished principle that nations should not take actions whichcause trans-boundary harm.

A second route invokes international human rights law. Influentialfigures such as Mary Robinson, former UN High Commissioner forHuman Rights, and Olivier De Schutter, UN Special Rapporteur onthe Right to Food, argue that climate change is underminingindividual rights to food, water and health. On that basis, the majoremitting countries could be challenged under routine UN reviews ofhuman rights observance.

K P l C i 2010
http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.guardian.co.uk/environment/2012/apr/24/climate-change-human-rights-issue?intcmp=122http://www.guardian.co.uk/environment/2012/apr/24/climate-change-human-rights-issue?intcmp=122http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1http://www.un.org/apps/news/story.asp?NewsID=39710&Cr=pacific+island&Cr1


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Kyoto Protocol Commitment map 2010

NewsGovernments in Bangkok prepare for


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g p p

2012 climate change decisions

30 August 2012,Bangkok, Thailand

Governments began meeting in Bangkok to preparedecisions that they will take at the next UN climate changeconference in Doha.

Governments have promised to cut greenhouse gasemissions and help the poor and vulnerable adapt toclimate change. They know they must implement thesepromises fully, raise their efforts before 2020 and redouble

those efforts again after 2020, said Christiana Figueres,Executive Secretary of the United Nations FrameworkConvention on Climate Change (UNFCCC).

GLOBALIZATION AND ITS IMPACT on HUMAN RIGHTS


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Globalization could be frightening, stimulating, overwhelming,destructive or creative, depending on ones point of view.

There was a widespread sense of instability and insecurity. In the CostaRicadialogue a participant said, There is a growing feeling that we live ina world highly vulnerable to changes we cannot control; a growing senseof fragility among ordinary people, countries and entire regions.

Impact of globalization on culture and identity

Some saw it as threatening traditional institutions such as the family andthe school,

Employment and Livelihoods There is no point to a globalization that reduces the price of a childs

shoes, but costs the father his job.

These were biased in favour of the rich and powerful and neglected thesocial impact of economic policies. The adverse effects were sometimesstrikingly similar in different parts of the world.

For instance, the damage done by agricultural subsidies was illustratedby identical complaints in the Brazil and Tanzania dialogues: that theimport of European powdered milk was crowding out demand for theirdomestic milk, while at the same time introducing an inferior product.

d d f h l l l


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democratic deficit at the international level

The current agenda was considered to be too focused on trade andinvestment, and not enough on human rights and the environment,

partly due to a democratic deficit at the international level. There was widespread agreement on the need for a renewed

role for the State, built on the rule of law and democraticinstitutions, and working in partnership with other social actors.

While the concept of an all-embracing State has been discredited,

globalization had weakened the State too much. In order to respond effectively to globalization the State needed

to be able to develop national capacities, regulate economicactivity, promote equity and fairness, provide essential publicservices and participate effectively in international negotiations.

Need for investment in education and skills

A recurring theme was that to take advantage of theopportunities of globalization, people and countries had to investin education, skills and technological capabilities across theboard.

Education systems needed reform and illiteracy had to be tackled.


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globalization is a reality and irrevesible

that globalization is a reality, that it is necessary toadjust policy priorities to deal with it

If globalization is a river, we must build dams togenerate power.

High on the list was rich nations farm and tariffpolicies

Western tariffs continued to discriminate against localprocessing of commodities, making producershostage to the declining price of raw materials

The International Monetary Fund (IMF) and the WorldBank were described as arrogant, ignorant of localconditions,and applying one-size-fits-all policies.


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Globalisation: In India there are winners and losers

In India, the message was more mixed. There had been winners and

losers. The lives of the educated and the rich had been enriched by

globalization. The information technology (IT) sector was aparticular beneficiary.

But the benefits had not yet reached the majority, and new risks

had cropped up for the losers the socially deprived and the ruralpoor.

Significant numbers of non-perennial poor, who had worked hardto escape poverty, were finding their gains reversed.

Participants at the dialogue feared that globalization could erodevalues such as democracy and social justice.

Power was shifting from elected local institutions tounaccountable transnational bodies.

Western perceptions, which dominated global media, were notaligned with local perspectives; they encouraged consumerism inthe midst of extreme poverty and posed a threat to cultural and

linguistic diversity.


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Next Lecture

Human Rights Education and Training

NHRC INDIA


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Thank you

Human Rights in India Law Policy Society and Enforcement Mechanism

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